K.L.Sharma - (1.) THIS is an application under Section 482, Cr. P.C., for quashing the F.I.R. dated 17.12.1994 registered as Crime Case No. 834 of 1994 under Sections 452, 323, 504, 506, 467, 468. I.P.C., P. S. Kotwali, Jhansi and for stay of the arrest of the applicants in the said case during the pendency of the application.
(2.) I have heard the learned counsel for the applicants as well as learned A.G.A. and perused the material brought on record. Learned counsel for the applicants has submitted that the alleged F.l.R. is based on false allegations with a view to harass and malign the applicants who are respectable citizens and the F.l.R. is liable to be quashed. I have perused the F.l.R. The learned counsel informs that the F.l.R. is still under investigation and no charge-sheet has been submitted. However the applicants apprehend that they are likely to be arrested on account of the alleged offences which are cognizable. It is true that the Investigating Officer has got power to arrest in respect of the cognizable offence but that power of arresting a person accused cognizable offence has to be exercised very rarely and in very compelling circumstances where the investigation cannot proceed without arresting the person concerned. Therefore it is incumbent on the Investigating Officer to apply his mind to the material received during investigation and to decide whether the arrest of the person accused of the offence of a cognizable nature is absolutely necessary or not. In the opinion of the Court it is not necessary and the law also does not make it obligatory on the part of the Investigating Officer to arrest every person accused in an offence during the investigation of the offence. If the applicants are co-operating with the investigation and the material collected during investigation does not justify the need of arrest, the Investigating Officer shall not exercise the power to arrest, even though by law he has been so authorised. The provisions relating to the arrest of the accused persons during investigation have been made with the object of facilitating the investigation and not with the object of punishing the person concerned by depriving him of his fundamental right of liberty before his guilt is proved. It is, therefore, expected that the Investigating Officer while conducting the investigation shall adopt the proper course and the provisions of law at the time of exercising his power of arrest. The applicants can also be required to give their personal bonds and such sureties as may be required to ensure their active co-operation in the investigation and that should suffice for the purpose of investigation and the Investigating Officer in the case under hand. In view of the aforesaid observations and the provisions of law and the faith reposed by law in the Investigating Officer to act properly, I do not consider proper at this stage to interfere with the F.l.R. which is under investigation.
(3.) THE application is therefore accordingly disposed of dated 23.1.1995. Let a certified copy of order be issued on payment of usual fee within 3 days.;